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From: dave@lsuc.uucp (David Sherman)
Newsgroups: news.admin,news.misc
Subject: Re: JEDR, Templeton, and the law
Summary: This Canadian lawyer doubts r.h.f. violated Canadian law
Message-ID: <1988Dec13.221611.7497@lsuc.uucp>
Date: 14 Dec 88 03:16:08 GMT
References: <13734@terminus.UUCP> <8386@bloom-beacon.MIT.EDU>
Organization: Law Society of Upper Canada, Toronto
Lines: 38

sethg@athena.mit.edu (Seth Gordon) writes:
>Also, according to my understanding of the laws up there, distributing
>racist humor, as rec.humor.funny did, is *illegal* in Canada; a recent
>K-W Record article quoted a member of the Canadian Human Rights
>Commission as verifying this.

Don't believe everything you read in the papers.  I doubt the
person quoted subscribes to Usenet.

Wilfully spreading false news that is likely to cause injury
to the public interest is illegal in Canada (Criminal Code, s.177).
Ernst Zundel was convicted under that provision.  Promoting
hatred against an identifiable group is also illegal (Criminal
Code, s.281.2).  James Keegstra was convicted under that provision.
(Both cases may still end up at the Supreme Court of Canada.)

As a committed and outspoken member of the Jewish community
and as a lawyer, I followed the Zundel and Keegstra cases fairly
keenly.  Readers of soc.culture.jewish and misc.legal will recall
my strong defense of those convictions: despite the U.S. concept
of free speech over all other concerns, I support the Canadian
courts' balancing approach.

My opinion is, however, that the jokes Brad posted to
rec.humor.funny were not such as would constitute anything
approaching a violation of either s.177 or s.281.2 or the
Criminal Code.  Zundel and Keegstra are extreme cases.
Suggesting that Brad is in the same category is nonsense.

I speak for myself, as a lawyer and a Jew, but not on behalf
of the Law Society.

David Sherman
The Law Society of Upper Canada
Toronto
-- 
Moderator, mail.yiddish
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